![]() ![]() (7) A person who, but for this section, would be liable to be convicted of murder is liable instead to be convicted of manslaughter. (6) For the purposes of subsection (5), sufficient evidence is adduced to raise an issue with respect to the defence if evidence is adduced on which, in the opinion of the trial judge, a jury, properly directed, could reasonably conclude that the defence might apply. (5) On a charge of murder, if sufficient evidence is adduced to raise an issue with respect to the defence under subsection (1), the jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. (4) Subsection (1) does not apply if, in doing or being a party to the killing, D acted in a considered desire for revenge. (3) In subsection (1)(c) the reference to “ the circumstances of D” is a reference to all of D's circumstances other than those whose only relevance to D's conduct is that they bear on D's general capacity for tolerance or self-restraint. (2) For the purposes of subsection (1)(a), it does not matter whether or not the loss of control was sudden. (c) a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D. (b) the loss of self-control had a qualifying trigger, and ![]() (a) D's acts and omissions in doing or being a party to the killing resulted from D's loss of self-control, (1) Where a person (“D”) kills or is a party to the killing of another (“V”), D is not to be convicted of murder if. 54 Partial defence to murder: loss of control E+W+N.I. Partial defence to murder: loss of control E+W+N.I.
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